United States v. Dearmore’s Empirical Analysis
672 F.2d 738 · 1982
Citation profile
7 federal appellate · 2 state decisions
How this case has been cited
Cited by 10 later decisions — most recently October 2011
7 federal appellate · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 371
Relies on Pinkerton v. United States · Weatherford v. Bursey · Juidice v. Vail · Dawson Chemical Co. v. Rohm & Haas Co. · Notaro v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must prove beyond a reasonable doubt that the defendant was ready and willing to commit the crimes whenever an opportunity was afforded.”
2 later decisions quote this exact passage · from the majority“Conspiracy is made criminal in order to strike against the special dangers incident to group activity. Pinkerton v. United States, 328 U.S. 640, 644 , 66 S.Ct. 1180, 1182 , 90 L.Ed. 1489 (1946). Thus, convictions for conspiracy have been upheld even when it was impossible for the conspirators to achieve their objective and even when the objective itself would not be unlawful if committed by an individual. E.g., United States v. Meyers, 529 F.2d 1033, 1037 (7th Cir.), cert. denied, 429 U.S. 894 , 97 S.Ct. 253 , 50 L.Ed.2d 176 (1976); Beddow v. United States, 70 F.2d 674, 676 (8th Cir.1934); W. LaFave & A. Scott, Handbook On Criminal Law 470-76 (1972); R. Perkins, Criminal Law 625-26 (2d ed.1969). It is permitted to charge a violation of the general conspiracy statute, 18 U.S.C. § 371 (1976), for a plan to violate a specific statutory prohibition defining an attempt offense against the United States. E.g., United States v. Mowad, 641 F.2d 1067, 1074-75 (2d Cir.), cert. denied, 454 U.S. 817 , 102 S.Ct. 94 , 70 L.Ed.2d 86 (1981); United States v. Chambers, 515 F.Supp. 1, 3 (N.D.Ohio 1981). Attempts to commit bank robberies are explicitly proscribed by 18 U.S.C. § 2113 (a) (1976) and therefore are appropriate objects for conspiracy charges. United States v. Clay, 495 F.2d 700, 710 (7th Cir.), cert. denied, 419 U.S. 937 , 95 S.Ct. 207 , 42 L.Ed.2d 164 (1974). We reject Dearmore’s contention that attempted bank robbery cannot be the object of a conspiracy charged under 18 U.S.C. § 3”
1 later decision quote this exact passage · from the majoritye.g. Stevenson v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.